THE BRICKMAN GROUP, LTD. v. CGU INS. CO.


865 A.2d 918 (2004)

THE BRICKMAN GROUP, LTD., Appellant v. CGU INSURANCE COMPANY v. Arthur J. Gallagher & Co. of Pennsylvania, Inc., William P. Curtis and Cathy L. James.

Superior Court of Pennsylvania.

Filed December 29, 2004.


Attorney(s) appearing for the Case

John N. Ellison, Philadelphia, for appellant.

Richard P. Limburg, Philadelphia, for CGU.

Jeffrey C. Sotland, Philadelphia, for Gallagher & Co.

Before: FORD ELLIOTT, MONTEMURO, and JOHNSON, JJ.


JOHNSON, J.

¶ 1 In this case, we are called upon to review the trial court's grant of summary judgment to CGU Insurance Company (CGU, the insurer) and its concomitant dismissal of the suit brought by the Brickman Group Limited (Brickman, the insured). The action turns on Brickman's contention that CGU, by way of an oral and/or written agreement made outside the scope of the various insurance policies issued Brickman by CGU, promised to freeze rates for six years...

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